SENATE ECONOMIC GROWTH COMMITTEE
STATEMENT TO
SENATE, No. 3558
STATE OF NEW JERSEY
DATED: NOVEMBER 30, 2017
The Senate Economic Growth Committee reports favorably Senate Bill No. 3558.
As reported, this bill revises the enforcement of animal cruelty laws in the State by transferring the power of humane law enforcement from the New Jersey Society for the Prevention of Cruelty to Animals (NJSPCA) and county societies for the prevention of cruelty to animals (county societies) to a county prosecutor animal cruelty task force in each county, and a municipal humane law enforcement officer appointed in each municipality.
The bill requires the county prosecutor of each county to establish, within the office of the prosecutor, a county prosecutor animal cruelty task force which is to be responsible for animal welfare within the jurisdiction of the county, and enforce and abide by the animal cruelty laws of the State. The county prosecutor is required to assign or appoint an animal cruelty prosecutor, and is permitted to assign or appoint any assistant prosecutor to the task force to investigate, prosecute, and take other legal action as appropriate for violations of the animal cruelty laws of the State. The county prosecutor is also required to assign or appoint a county law enforcement officer to serve as the chief humane law enforcement officer in the county, and is permitted to assign or appoint any other law enforcement officer under the supervision of the chief humane law enforcement officer, who is to assist with investigations, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the State. The county prosecutor may not assign or appoint to the task force any prosecutor or law enforcement officer who has been convicted of, or found civilly liable for, a violation of an animal cruelty law of the State.
Under the bill, a county prosecutor animal cruelty task force is responsible for designating a county society for the prevention of cruelty to animals. The charter system applicable to county societies under current law is abolished by the bill. A county society chartered by the NJSPCA at the time of enactment of the bill is to become the county society designated by the county prosecutor animal cruelty task force. If a county society chartered prior to the enactment of the bill does not wish to be designated by the task force as the county society, or if there is no chartered county society in the county, the county prosecutor animal cruelty task force is required to select a non-profit corporation operating within the county that is organized to promote the interests of, and protect and care for, animals to be designated as the county society for the prevention of cruelty to animals. Following abolishment of the charter system, the bill does not require a chartered county society to surrender any assets to the State or any political subdivision or other entity thereof. A county society so designated by a county prosecutor animal cruelty task force is responsible for efficiently providing or locating humane shelter and care for any animals in the possession of a municipal humane law enforcement officer, or a county prosecutor animal cruelty task force.
The bill requires the governing body of each municipality to appoint at least one municipal humane law enforcement officer, approved by the chief law enforcement officer of the municipality, who is responsible for animal welfare within the jurisdiction of the municipality, and who is to enforce and abide by the animal cruelty laws of the State and ordinances of the municipality. An animal control officer or police officer may be appointed to serve concurrently as a municipal humane law enforcement officer, and a municipal humane law enforcement officer may be appointed concurrently by more than one municipality, so long as the officer would be able to effectively carry out the duties and responsibilities required of each position held. Under current law, animal control officers may be empowered by a municipality to enforce, investigate, and sign complaints concerning any violation of the animal cruelty laws of the State or ordinances of the municipality, and to act as an officer for the detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the State and ordinances of the municipality. The bill instead grants those powers to the municipal humane law enforcement officer. A municipal humane law enforcement officer may be authorized by a municipality to use a firearm in the furtherance of the officer’s duties, if the officer has completed a firearms training course approved by the Police Training Commission and annually qualifies in the use of a revolver or similar weapon.
All third and fourth degree criminal offenses under the animal cruelty laws of the State received by a municipal humane law enforcement officer are to be referred to the county prosecutor animal cruelty task force for investigation and prosecution, as appropriate. Civil and disorderly persons offenses under the animal cruelty laws of the State may be handled by the municipality in which the violation occurred or in which the offender resides, or may be referred to the county prosecutor animal cruelty task force.
This bill requires a municipal humane law enforcement officer to report annually to the county prosecutor animal cruelty task force on the number of complaints received for each offense under chapter 22 of Title 4 of the Revised Statutes, and the number of cases referred to the county prosecutor animal cruelty task force in the previous year. The county prosecutor animal cruelty task force is required to report annually, to the Attorney General, the information provided by municipal humane law enforcement officers in the county, as well as the number of complaints investigated by the task force, the number of complaints prosecuted or otherwise litigated, the number of animals adjudged forfeited, the number of animals returned to the owner, and the amount of proceeds collected from fines for violations of chapter 22 of Title 4 of the Revised Statutes.
The bill requires the Attorney General to take any action necessary to facilitate the reincorporation of the NJSPCA as a non-profit corporation independent of the State. The State is not to assume responsibility for any debts, liabilities, or other obligations of the NJSPCA.
Finally, the bill repeals the provisions of Title 4 of the Revised Statutes which relate to the administration, authority, and duties of the NJSPCA and county societies, as well as the provisions relating to the authority and duties of an animal control officer with respect to animal cruelty law enforcement which would be transferred to the municipal humane law enforcement officer under the bill.